法新社称,当地时间14日,英法德这3个欧盟大国在一份联合声明中说,鉴于伊朗的行动,我们别无选择以启动争端解决机制。声明称,伊朗未能“履行其在该协议内的承诺”。不过,英法德3国也表示,他们“再次表达我们对该协议的承诺”,不会加入美国总统特朗普提出的针对伊朗的“极限施压行动”。
根据该机制规定,在出现争端或分歧的情况下,任何一方都可将争端或分歧提交给由伊朗、俄罗斯、中国、英国、法国、德国及欧盟组成的联合委员会进行解决。如该委员会仍未解决,则继续提交至联合国安理会。
如安理会未能在30天内投票通过继续对伊朗放松制裁的决定的话,则将根据联合国以前的决议,重新对其实施制裁。
《华盛顿邮报》14日评论说,在美国退出伊核协议并对伊朗重启制裁后,伊朗逐渐减少了对协议内容的履行。上述争端解决机制的启动可能导致联合国对伊朗重新实施制裁。该报直接形容英法德启动该机制的做法“为制裁(伊朗)开辟了道路”。
“伊朗核问题全面协议”详细条文请见:
https://eeas.europa.eu/topics/nuclear-safety/8710/joint-comprehensive-plan-action_en
其中的争议解决条款如下:
Joint Comprehensive Plan of Action, JCPOA
《联合全面行动计划》(通称“伊朗核问题全面协议”)
The E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy)
E3/EU+3 (三个欧洲国家英国、法国、德国和三个非欧洲国家中国、俄罗斯、美国,协同欧盟)
DISPUTE RESOLUTION MECHANISM
争议解决机制
36. If Iran believed that any or all of the E3/EU+3 were not meeting their commitments under this JCPOA, Iran could refer the issue to the Joint Commission for resolution; similarly, if any of the E3/EU+3 believed that Iran was not meeting its commitments under this JCPOA, any of the E3/EU+3 could do the same. The Joint Commission would have 15 days to resolve the issue, unless the time period was extended by consensus. After Joint Commission consideration, any participant could refer the issue to Ministers of Foreign Affairs, if it believed the compliance issue had not been resolved. Ministers would have 15 days to resolve the issue, unless the time period was extended by consensus. After Joint Commission consideration – in parallel with (or in lieu of) review at the Ministerial level - either the complaining participant or the participant whose performance is in question could request that the issue be considered by an Advisory Board, which would consist of three members (one each appointed by the participants in the dispute and a third independent member). The Advisory Board should provide a non-binding opinion on the compliance issue within 15 days. If, after this 30-day process the issue is not resolved, the Joint Commission would consider the opinion of the Advisory Board for no more than 5 days in order to resolve the issue. If the issue still has not been resolved to the satisfaction of the complaining participant, and if the complaining participant deems the issue to constitute significant non-performance, then that participant could treat the unresolved issue as grounds to cease performing its commitments under this JCPOA in whole or in part and/or notify the UN Security Council that it believes the issue constitutes significant non-performance.
36.如果伊朗认为任何E3/ EU + 3或所有E3/ EU + 3都未履行其根据本JCPOA所作的承诺,则伊朗可以将该问题提交联合委员会解决;同样,如果E3/ EU + 3中的任何一个认为伊朗没有履行其在JCPOA下的承诺,那么E3/ EU + 3中的任何一个都可以这样做。除非经过协商一致延长期限,否则联合委员会将有15天的时间解决该问题。经过联合委员会的审议,如果任何缔约方认为合规问题尚未解决,则可以将其提交其外交部长。除非通过协商一致延长期限,否则部长们将有15天的时间解决该问题。在联合委员会审议之后(与部长级审查同时,或代替部长级审查),投诉方缔约方或履约不当缔约方可以要求由三名成员(争议缔约方各任命一名,第三名由独立成员任命)组成的咨询委员会审议该问题。咨询委员会应在15天内就合规性问题提供非约束性意见。若在30日程序之后仍未解决该问题,则联合委员会将在不超过5天的时间内考虑咨询委员会的意见以解决问题。如果该问题仍未得到让投诉缔约方满意的解决,并且投诉缔约方认为该问题构成严重的不履行,则该缔约方可以将该未解决的问题视为停止履行JCPOA规定的全部或部分承诺的理由,和/或通知联合国安理会,该缔约方认为该问题构成严重的不履行。
37.Upon receipt of the notification from the complaining participant, as described above, including a description of the good-faith efforts the participant made to exhaust the dispute resolution process specified in this JCPOA, the UN Security Council, in accordance with its procedures, shall vote on a resolution to continue the sanctions lifting. If the resolution described above has not been adopted within 30 days of the notification, then the provisions of the old UN Security Council resolutions would be re-imposed, unless the UN Security Council decides otherwise. In such event, these provisions would not apply with retroactive effect to contracts signed between any party and Iran or Iranian individuals and entities prior to the date of application, provided that the activities contemplated under and execution of such contracts are consistent with this JCPOA and the previous and current UN Security Council resolutions. The UN Security Council, expressing its intention to prevent the reapplication of the provisions if the issue giving rise to the notification is resolved within this period, intends to take into account the views of the States involved in the issue and any opinion on the issue of the Advisory Board. Iran has stated that if sanctions are reinstated in whole or in part, Iran will treat that as grounds to cease performing its commitments under this JCPOA in whole or in part.
37.如上所述,在收到投诉缔约方的通知后,其中包括对缔约方为穷尽本JCPOA中规定的争端解决程序所进行的诚实信用努力的说明,联合国安理会根据其程序,应对继续解除制裁的决议进行表决。如果在收到通知后30天内上述决议仍未获得通过,则除非联合国安理会另有决定,否则将重新采用联合国安理会旧的决议的规定。在这种情况下,这些规定不适用于任何当事方与伊朗或伊朗个人和实体在申请之日之前签订的合同,但前提是此类合同下拟进行的活动符合本JCPOA以及联合国安理会以前和当前的决议。如果引发通知的问题在此期间内得到解决,联合国安理会表示其打算制止这些规定的再次适用,打算考虑该问题牵涉的国家的意见以及咨询委员会关于该问题的任何意见。伊朗曾表示,如果部分或全部恢复制裁,伊朗将视其为停止全部或部分履行其在JCPOA项下的承诺的理由。
Annex IV – Joint Commission
(附件4 联合委员会)
1. Establishment, Composition, and Coordinator
1.1.The Joint Commission is established to carry out the functions assigned to it in the JCPOA, including its Annexes.
1.2.The Joint Commission is comprised of representatives of Iran and the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States, with the High Representative of the Union for Foreign Affairs and Security Policy), together, the JCPOA participants.
1.3.The Joint Commission may establish Working Groups in particular areas, as appropriate.
1.4.The High Representative of the Union for Foreign Affairs and Security Policy ('High Representative'), or his/her designated representative will serve as the Coordinator of the Joint Commission.
2. Functions
2.1. The Joint Commission will perform the following functions:
2.1.1.Review and approve the final design for the modernized heavy water research reactor and the design of the subsidiary laboratories prior to the commencement of construction, and review and approve the fuel design for the modernized heavy water research reactor as provided for in Section B of Annex I;
2.1.2.Review and approve, upon request by Iran, development, acquisition, construction or operation of hot cells (containing a cell or interconnected cells), shielded cells or shielded glove boxes with dimensions beyond 6 cubic meters in volume and specifications set out in Annex I of the Additional Protocol, as provided for in paragraph 21 of Annex I;
2.1.3.Review and approve plans submitted by Iran to initiate R&D on uranium metal based TRR fuel, as provided for in paragraph 26 of Annex I;
2.1.4.Review and approve, upon request by Iran, projects on new types of centrifuges to proceed to a prototype stage for mechanical testing, as provided for in paragraph 43 of Annex I;
2.1.5.Receive information in advance about the specific projects that will be undertaken at Fordow, as provided for in paragraph 44 of Annex I;
2.1.6. Receive information about the conceptual framework of stable isotope production at Fordow, as provided for in paragraph 46.1 of Annex I;
2.1.7. Assess and then approve, upon request by Iran, that fuel assemblies manufactured in Iran and their intermediate products cannot be readily reconverted into UF6, based on the objective technical criteria, with the goal of enabling fuel to be fabricated in Iran, as provided in paragraph 59 of Annex I;
2.1.8.Support assistance to Iran, including through IAEA technical cooperation as appropriate, in meeting international qualification standards for nuclear fuel produced by Iran, as provided for in paragraph 59 of Annex I;
2.1.9.Review and approve in advance, upon request by Iran, engagement by Iran, including through export of any enrichment or enrichment related equipment and technology, with any other country, or with any foreign entity in enrichment and enrichment related activities, including related research and development, as provided for in paragraph 73 in Annex I;
2.1.10.Provide consultation, and advise on the necessary means in the context of access as specified in paragraph 78 of Annex I;
2.1.11. Review and approve in advance, upon request by Iran, the design, development, fabrication, acquisition, or use for non-nuclear purposes of multi-point explosive detonation systems suitable for a nuclear explosive device and explosive diagnostic systems (streak cameras, framing cameras and flash x-ray camer as) suitable for the development of a nuclear explosive device, as provided for in paragraphs 82.2 and 82.3 of Annex I;
2.1.12.Review and consult to address issues arising from the implementation of sanctions lifting as specified in this JCPOA and its Annex II;
2.1.13.Review and decide on proposals for nuclear-related transfers to or activities with, Iran, in accordance with Section 6 of this Annex and the United Nations Security Council resolution endorsing this JCPOA;
2.1.14.Review, with a view to resolving, any issue that a JCPOA participant believes constitutes nonperformance by another JCPOA participant of its commitments under the JCPOA, according to the process outlined in the JCPOA;
2.1.15. Adopt or modify, asnecessary, procedures to govern its activities;
2.1.16. Consult and provide guidance on other implementation matters that may arise under the JCPOA.
3. Procedures
3.1. The Joint Commission will meet on a quarterly basis and at any time upon request of a JCPOA participant to the Coordinator. The Coordinator will convene a meeting ofthe Joint Commission to be held no later than one week following receipt of such a request, except for consultations in accordance with Section Q of Annex I and any other matter that the Coordinator and/or a JCPOA participant deem urgent, in which case the meeting will be convened as soon as possible and not later than three calendar days from receipt of the request.
3.2. Meetings of the Joint Commission will be held in New York, Vienna, or Geneva as appropriate. The host country should facilitate entry formalities for those attending such meetings.
3.3. The Joint Commission may decide by consensus to invite observers to attend its meetings.
3.4.Except as provided in Section 6 of this Annex which will be subject to the confidentiality procedure of the UN, the work of the Joint Commission is confidential and may be shared only among JCPOA participants and observers as appropriate, unless the Joint Commission decides otherwise.
4. Decisions
4.1.Except as stated otherwise in this Annex, decisions by the Joint Commission are to be made by consensus.
4.2. Each JCPOA participant will have one vote. Decisions of the Joint Commission are to be taken by the Representative or the Deputy Representative or other such alternate as the JCPOA participant may designate.
4.3. The vote of each JCPOA participant will be made known to all other JCPOA participants if any JCPOA participant requests a recorded vote.
4.4.Matters before the Joint Commission pursuant to Section Q of Annex I are to be decided by consensus or by affirmative vote of five JCPOA participants. There is no quorum requirement.
4.5.The Coordinator will not take part in decision-making on nuclear-related transfers and activities as set out in Section 6 of this Annex.
5. Other
5.1. Each JCPOA participant will be responsible for its own costs of participating in the Joint Commission, unless the Joint Commission decides otherwise.
5.2. JCPOA participants may request that the Coordinator circulates a notification to the other JCPOA participants at any time. Upon such a request, the Coordinator will circulate such notification without delay to all JCPOA participants.
6. Procurement Working Group
6.1. Withthe purpose of establishing a procurement channel, the Joint Commission will, except as otherwise provided by the United Nations Security Council resolution endorsing this JCPOA, review and decide on proposals by states seeking toengage in:
6.1.1.the supply, sale or transfer directly or indirectly from their territories, or by their nationals or using their flag vessels or aircraft to, or for the use in or benefit of, Iran, and whether or not originating in their territories, of all items, materials, equipment, goods and technology set out in INFCIRC/254/Rev.12/Part 1, and, if the end-use will be for Iran's nuclear programme set out in this JCPOA or other non-nuclear civilian end-use, allitems, materials, equipment, goods and technology set out in INFCIRC/254/Rev.9/Part 2 (or the most recent version of these documents as updated by the Security Council), as well as any further items if the relevant State determines that they could contribute to activities inconsistent with the JCPOA; and,
6.1.2. the provision to Iran of any technical assistance or training, financial assistance, investment, brokering or other services related to the supply, sale, transfer, manufacture, or use of the items, materials, equipment, goods and technology described in subparagraph (a) above;
6.1.3. acquisition by Iran of an interest in a commercial activity in another State involving uranium mining, production or use of nuclear materials and technologies as listed in INFCIRC/254/Rev.12/Part 1, and such investments interritories under their jurisdiction by Iran, its nationals, and entities incorporated in Iran or subject to its jurisdiction, or by individuals orentities acting on their behalf or direction, or by entities owned or controlled by them.
6.2. The Joint Commission will discharge its responsibility for reviewing and making recommendations on proposals for nuclear-related transfers to or activities with Iran through a Procurement Working Group.
6.3. Each E3+3 State and Iran will participate in the Procurement Working Group. The High Representative will serve as the Coordinator of the Procurement Working Group.
6.4. Exceptas otherwise provided by the Joint Commission or the United Nations Security Council resolution endorsing this JCPOA, the Procurement Working Group will consider proposals according to the following process:
6.4.1.Upon receipt of a proposal, including all necessary supporting information, by a State seeking to engage in transfers and activities referenced in Section 6.1, the Coordinator will forward the proposal, through appropriate means, without delay to the Procurement Working Group and, when the proposal relates to items, material, equipment, goods and technology intended to be used in nuclear activities authorized by the JCPOA, to the IAEA. The Procurement Working Group will have up to 30 working days to consider and decide on the proposal.
6.4.2. “Necessary supporting information” for purposes of Section 6.4.1 means: (a) a descriptionof the item; (b) the name, address, telephone number, and email address of the exporting entity; (c) the name, address, telephone number, and email address ofthe importing entity; (d) a statement of the proposed end-use and end use location, along with an end-use certification signed by the AEOI or the appropriate authority of Iran attesting the stated end-use; (e) export license number if available; (f) contract date, if available; and(g) details on transportation, if available; provided that if any of the export license number, contract date, or details on transportation are not available as of the time of submittal of the proposal, such information will be provided as soon as possible and in any event as condition of approval prior to shipment of the item.
6.4.3. Each participant in the Procurement Working Group will have to communicate to the Coordinator, within 20 working days, whether it approves or rejects the proposal. The timeline for consideration may be extended for ana dditional period of 10 working days at the request of a participant of the Procurement Working Group.
6.4.4.The proposal will be recommended for approval as soon as the Coordinator receives formal approvals from all the Procurement Working Group Participants or if, atthe end of the 30 working day period, the Coordinator has received no disapprovals from any of the Procurement Working Group Participants. If at the end of the 30 working day period, the proposal has not been recommended for approval, the proposal may, at the request of at least two Working Group Participants within 5 working days, be referred to the Joint Commission, which would decide on approval of the proposal by consensus within 10 working days. Otherwise the proposal will be recommended for disapproval. The disapproving JCPOA participant(s) should provide relevant information regarding the disapproval to the Joint Commission as appropriate, taking into account the need to protect confidential information.
6.4.5.The Coordinator will communicate the recommendation of the Joint Commission to the United Nations Security Council no later than 35 working days, or in caseof referral to the Joint Commission no later than 45 working days from the date the Coordinator transmitted the proposal and all necessary supporting information to the Procurement Working Group.
6.4.6.Except as decided otherwise by consensus, the Procurement Working Group will meet every three weeks for reviewing the proposals. When some of the proposals to be reviewed relate to items, material, equipment, goods and technologyintended to be used in nuclear activities authorized by the JCPOA, the IAEA maybe invited to attend the meeting as an observer.
6.5. All JCPOA participants will act in accordance with the procurement channel and will only engage in transfers and activities referenced in Section 6.1 following approval by the Joint Commission and the United Nations Security Council. Iran will not use, acquire, or seek to procure the items, materials, equipment, goods, and technology referred to in Section 6.1 of this Annex for nucle aractivities which are inconsistent with this JCPOA.
6.6. Any JCPOA participant may refer a procurement-related activity to the Joint Commission under the dispute settlement mechanism if it is concerned that such activity is inconsistent with this JCPOA.
6.7. Iran will provide to the IAEA access to the locations of intended use of all items, materials, equipment, goods and technology set out in INFCIRC/254/Rev.12/Part 1(or the most recent version of these documents as updated by the Security Council) imported following the procedure under Section 6 of this Annex.
6.8. Iran will permit the exporting state to verify the end-use of all items, materials, equipment, goods and technology set out in INFCIRC/254/Rev.9/Part 2 (or the most recent version of these documents as updated by the Security Council) imported following the procedure under Section 6 of this Annex. Upon request of the exporting state, or if the Joint Commission deems necessary when approving a proposal for transfer, the Joint Commission will provide expertise to the exporting state, including experts, as needed, to participate in the end-use verification.
6.9. The Procurement Working Group will respond to requests for guidance on procurement activities from third parties, as communicated by the Coordinator. The Procurement Working Group will endeavor to respond to such requests for guidance within 9 working days from the date the Coordinator submits it to the Procurement Working Group.
6.10.The Joint Commission will report to the United Nations Security Council at least every 6 months on the status of the Procurement Working Group's decisions and on any implementation issues.
7. Working Group on Implementation of Sanctions Lifting
7.1. The Joint Commission will discharge its responsibilities for reviewing and consulting on issues related to the implementation of sanctions lifting as specified in this JCPOA assisted by a working group on the implementation of sanctions lifting.
7.2. The Joint Commission participants will participate in this working group. The High Representative will serve as coordinator of this working group.
7.3. If at any time following the implementation day Iran believes that any other nuclear-related sanction or restrictive measure including related designations of the E3/EU+3 is preventing the full implementation of the sanctions lifting as specified in this JCPOA, the JCPOA participant in question will consult with Iran with a view to resolving the issue. If they are not able to resolve the issue, Iran or any member of the E3/EU+3 may refer the issue to the working group.
7.4. The participants of the working group will review and consult, with a view to resolving the issue within 30 working days.
7.5. If afterinvolvement of the working group, the issue remains unresolved, any participantof the JCPOA may refer it to the Joint Commission.